HomeMy WebLinkAbout01-5744
JOSEPH W. BRUGGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 01 - .s7~'f
C;<J'll<--r~
KATHY D. BRUGGER,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the plaintiff. You may lose
money or property or other rights important to you, including custody or
visitation of your children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list
of marriage counselors is available in the Office of the Prothonotary,
Cumberland County Courthouse, Carlisle, PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER: Dl- X71./l.{ C"u~l't-~
IN DIVORCE
JOSEPH W. BRUGGER,
Plaintiff
KATHY D. BRUGGER,
Defendant
COMPLAINT UNDER ~3301(dl OF THE DIVORCE CODE
1. Plaintiff is JOSEPH W. BRUGGER, who currently resides at
5070 Bass Lake Drive, Apartment T-3, Harrisburg, County of Dauphin,
Pennsylvania, March 18, 1999.
2. Defendant is KATHY D. BRUGGER, who currently resides
at 1318 Concord Road, Mechanicsburg, County of Cumberland,
Pennsylvania, since 1976.
3. Plaintiff has been a bona fide resident in the Commonwealth
for at least six months immediately previous to the filing of this
complaint.
4. The plaintiff and defendant were married on June 6, 1970,
in Mechanicsburg, County of Cumberland, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and
that plaintiff may have the right to request that the court require the
parties to participate in counseling.
8. Neither party is a member of the Armed Forces of the United
States of America or any of its allies.
9. Plaintiff requests the court to enter a decree of divorce.
1 verify that the statements made in this Complaint are true
and correct. 1 understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 84904 relating to unsworn
falsification to authorities.
Date: I () II /0 (
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CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
ATTORNEY FOR PLAINTIFF
JOSEPH W. BRUGGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER:
KATHY D. BRUGGER,
Defendant
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit,
you must file a counter-affidavit within twenty days after this affidavit
has been served on you or the statements will be admitted.
AFFIDAVIT UNDER ~3301(dl OF THE DIVORCE CODE
1. The parties to this action separated on March 18, 1999, and
have continued to live separate and apart for a period of at least two
years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification
to authorities.
Date: .I /)/~!o (
JOSEPH W. BRUGGER,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER:
KATHY D. BRUGGER,
Defendant
IN DIVORCE
AFFIDAVIT OF NON-MILITARY SERVICE
I, Plaintiff herein, do hereby depose and say that I am advised and
believe that the above named Defendant is not presently in the active
military service of the United States of America and I aver that the
Defendant is not a member of the Army of the United States, United
States Navy, the Marine Corps, or the Coast Guard, and is not an officer
of the Public Health Service detailed by proper authority for duty with the
Army or Navy; nor is Defendant engaged in any military or Navy units
covered by the Soldiers and Sailors Civil Relief Act of 1940 and
designated therein as military service; nor has Defendant, to the best of
my knowledge, enlisted in the military service covered by this act.
This Affidavit is made under the provisions of the Soldiers and
Sailors Civil Relief Act of 1940.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein are made subject to
the penalties of IS Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
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JOSEPH W. BRUGGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
DEFENDANT'S COUNTERAFFIDA VIT
UNDER SECTION 330HD) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
X (b) I oppose the entry of a divorce decree because
(check (i), (ii) or both):
X (i) The parties to this action have not lived separate and apart for a
period of at least two years.
(ii) The marriage is not irretrievable broken.
2. Check either (a) or (b):
(a)1 do not wish to make any claims for economic relief. I understand that I
may lose rights concerning alimony, division of property, lawyer's fees or
expenses ifI do not claim them before a divorce is grated.
X (b)I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree
may be entered without further notice to me, and I shall be unable thereafter to file any economic
claims
I verify that the statements made in this counteraffidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904
relating to unsworn falsification to authorities.
Date: 10 -/9 - 0/
~~~~
KAT D. BRUGGE
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JOSEPH W. BRUGGER,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
KATHY D. BRUGGER,
Defendant/Petitioner
NO. 2001-5744 CIVIL TERM
IN DIVORCE
DR# 32176
PacseS# 148104978
ORDER OF COURT
AND NOW, this 14th day of November, 2002, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before R.J. Shaddav on December 11,2002 at 10:30 A.M. for a conference, at 13 N.
Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11<<:>
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
11-14-02 to:
Petitioner
< Respondent
Rebecca Hughes, Esquire
Charles Petrie, Esqsuire
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Ri J. Shadday, Conference Officer " l
Date of Order: November 14, 2002
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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JOSEPH W. BRUGGER,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAc"ffi COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
KATHY D. BRUGGER,
Defendant.
: NO. 01-5744 CIVIL TERi\1
: IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE.
INTERIM COUNSEL FEES AND EXPENSES
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AND NOW, comes Petitioner, Kathy D. Brugger, by and through her counsel of rd:~rd, Rc::gecca ...
R. Hughes, Esquire, and petitions the Court as follows:
-,)
1. Your Petitioner is the above named Defendant, Kathy D. Brugger, an adult individual
currently residing at 1408 Concord Rd., Mechanicsburg, P A, 17050.
2. Your Respondent is the above named Plaintiff, Joseph W. Brugger, an adult individual
currently residing at 5070 Bass Lake Dr., Apt. T -3, Harrisburg PA.
3. Petitioner's date of birth is March 23, 1951, and her Social Security number is 570-82-
0024.
4. Respondent's date of birth is March 26, 1950, and his Social Security number is 197-40-
6729.
5. The divorce action filed to the above docketed number in the Court of Common Pleas of
Cumberland County requests a divorce based upon Section 3301(c) of the Divorce Code of 1980 as
amended.
6. Petitioner has employed counsel and will incur certain costs and ~xpenses in pursuit of
the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for
attorney's fees, or pay for the costs and expenses associated with this action.
7. Respondent has sufficient income and earning capacity, as well as assets, to support the
Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as
assist in paying her counsel fees, costs and expenses.
WHEREFORE, Petitioner requests this Honorable Court to enter an Order of Alimony Pendente
Lite, Interim Counsel Fees, Costs and Expenses in this matter.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Rebecca R. Hughes, Esquire
Attorney for Deftndant/Petitioner
60 West Pomfret Street
Carlisle, P A 17013
(717) 249-2353
Dated: June 28, 2002
. ..
JOSEPH W. BRUGGER,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
CASE SUMMARY
PLAINTIFF
NAME: Joseph W. Brugger
ADDRESS: 5070 Bass Lake Drive, Apt. 2303, Harrisburg, PA
HOW LONG AT RESIDENCE: 5 '/2 years
SOCIAL SECURITY NUMBER: 197-40-6729
DATE OF BIRTH: March 26, 1950
EMPLOYED BY: Penn State at Harrisburg
POSITION: Maintenance Electrician
SALARY: $45,697.00
NAME: Kathy D. Brugger
ADDRESS: 1318 Concord Road, Mechanicsburg, PA 17055
HOW LONG AT RESIDENCE: 30 years
SOCIAL SECURITY NUMBER: 570-82-0024
DATE OF BIRTH: March 20, 1950
EMPLOYED BY: Hampden Cleaners
POSITION: Laborer
SALARY: Unknown
CHILDREN: (2 Adult Children)
NAME:
SOCIAL SECURITY NUMBER:
DATE OF BIRTH:
DATE OF MARRIAGE: June 6, 1970
PLACE OF MARRIAGE: Cumberland County, Pennsylvania
DATE OF SEPARATION: March 18, 2000
. ..
DIVORCE COMPLAINT:
FILED: October 3,2001
COUNTY: Cumberland
DOCKET NO.: 01-5744 Civil Term
CLAIMS: Wife filed claim for economic relief on October 22,2001
SUBSEQUENT PLEADINGS: NjA
SUPPORT COMPLAINT:
FILED: November 14, 2002
COUNTY: Cumberland
DOCKET NO.: 32176
PACSES: 148104978
DATE OF ORDER:
AMOUNT: $216.56 bi-weekly
EFFECTIVE DATE:
FOR: Spousal Support
ARREARAGES:
MEDICAL:
SPECIAL PROVISIONS:
CUSTODY ORDER: NjA
DATED:
PRIMARY CUSTODY:
PARTIAL CUSTODY:
SPECIFICS:
ASSETS:
REAL ESTATE: Sold to son in 2002 - No proceeds from sale
DESCRIPTION:
PURCHASED:
MORTGAGE:
MONTHLY PAYMENT:
BALANCE:
OWNER:
VEHICLES:
MAKE: 1999 Jeep Wrangler
TITLE OWNER: City Financial- owes $10,000.00 - purchased in 1999
APPROX. VALUE: $7,000.00
.
PENSIONS: IBEW Local 143
OWNER: Joseph W. Brugger
VALUE: $800.00 per month when Joseph retires at age 65
PENSIONS: ITAA-CREF
OWNER: Joseph W. Brugger
VALUE: $89,826.31 (as of September 30,2005)
CHECKING / SAVINGS ACCOUNTS:
BANK: Belco Community Credit Union
VALUE: $200.00
OWNER: Joseph W. Brugger
DEBTS:
CREDITOR: Citifinancial
DEBTOR: Joseph W. Brugger
AMOUNT OWING: $10,000.00
MONTHLY PAYMENT: $303.73
CREDITOR: No Marital Debts
DEBTOR:
AMOUNT OWING:
MONTHLY PAYMENT:
CREDITOR:
DEBTOR:
AMOUNT OWING:
MONTHLY PAYMENT:
CREDITOR:
DEBTOR:
AMOUNT OWING:
MONTHLY PAYMENT:
MISCELLANEOUS INFORMATION:
CERTIFICATE OF SERVICE
I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true
and correct copy of the attached case summary was sent by U.S. First
Class Mail, Postage prepaid, to the following persons:
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Dated:
/h/o(
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Charles E. Petrie
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
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JOSEPH W. BRUGGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you
are owner in whole or in part, you must also fill out the Supplemental
Income Statement which appears on the last page of this Income and
Expense Statement.)
INCOME AND EXPENSE STATEMENT OF
JOSEPH W. BRUGGER
I verify that the statements made in this Income and Expense
Statement are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 134904 relating to
unsworn falsification to authorities. .. / 7 "
Date:';;; IN ( / .
PLAINTIFF
INCOME
Employer: Penn State at Harrisburg
Address: Payroll 307 Rider Bldg - 120 S Burrows Street
University Park, Pennsylvania 16801
Type of Work: Maintenance Electrician
Payroll Number: X-XXXX-8539
Pay Period (weekly, biweekly, etc.): Bi-weekly
Gross Pay per Period: $1,757.60
Itemized Payroll Deductions
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Medicare
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Hospital
Dental
Vision
Other (specify)
PA Unemployment
Long Term Disabilitv
Parking
Spousal Support
(Year - 2006)
$236.59
$102.18
$32.96
$50.59
$23.90
$87.88
Net Pay per Period:
Other Income: None
$33.12
$84.87
$7.88
$1.41
$ 1.58
$6.42
$4.62
$215.56
$857.04
Week Month Year
(Fill in Appropriate Column)
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Compo
Worker's Compo
Total
TOTAL INCOME:
Bi-weekly
Monthly
Home
Mortgage/rent
Maintenance
Utilities
Electric
Gas
Oil
Telephone
Water
Sewer
Employment
Public Transportation
Lunch
Son's Lunches
Taxes
Real Estate
Personal Property
Income
Insurance
Homeowners
Automobile
Life
Accident
Health
Other (Renters)
Automobile
Payments
Fuel
Repairs
$857.04
$1878.58
EXPENSES
Week Month Year
(Fill in Appropriate Column)
$729.00
$60.00
$104.00
$37.00
$30.00
$110.80
$303.73
$160.00
$700.00
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special Needs (glasses,
braces, orthopedic
devices)
$150.00
Education
Private School
Parochial School
College
Religious
Personal
Clothing
Food
Barber / hairdresser
Credit Payments
Credit card
Charge Account
Memberships
Loans
Credit Union
$25.00
$200.00
$30.00
$150.00
Miscellaneous
Household help
Child care
Papers/books/
Magazines
Entertainment
Pay TV
Vacation
Gifts
Legal fees
Charitable
Contributions
$20.00
$100.00
$45.00
$1000.00
$500.00
Other
Child support
Alimony payments
Total Expenses $1650.83 $2500.00
PROPERTY OWNED
Ownership*
Description Value H W J
Checking accounts $200.00 X
Savings accounts $150.00 X
Credit Union
Stocks/bonds --
Real estate
Other
TOTAL $250.00
INSURANCE
Coverage*
Company Policy No. H W C
Hospital
Health America 850241879.01 X X
Other
Medical
Blue Shield
Other
Health/ Accident
Disability Income
Dental X X
Other (Vision) X X
* H=Husband; W=Wife; J=Joint; C=Child
SUPPLEMENTAL INCOME STATEMENT
(a) This form is to be filled out by a person (check one);
+-+
+-+ (1) who operates a business or practices a profession, or
+-+
+-+ (2) who is a member of a partnership or joint venture, or
+-+
+-+ (3) who is a shareholder in and is salaried by a closed corporation or
similar entity.
(b) Attach to this statement a copy of the following documents,
relating to the partnership, joint venture, business, profession,
corporation or similar entity:
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement.
(c) Name of business:
Address and Telephone Number:
(d) Nature of business (check one)
+-+
+-+(1) partnership
+-+
+-+(2) joint venture
+-+
+-+(3) profession
+-+
+-+(4) closed corporation
+-+
+-+(5) other
(e) Name of accountant, controller or other person in charge of
financial records:
(f) Annual income from business:
(I) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deductions, if any:
CERTIFICATE OF SERVICE
I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true
and correct copy of the attached Income and Expense Statement was
sent by U.S. First Class Mail, Postage prepaid, to the following persons:
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Dated:
t/;,/N
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Charles E. Petrie
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
JOSEPH W. BRUGGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
INVENTORY
OF
JOSEPH W. BRUGGER
Plaintiff files the following inventory of all property owned or
possessed by either party at the time this action was commenced and all
property transferred within the preceding three years.
Plaintiff verifies that the statements in this inventory are true and
correct. Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. !3 4904 relating to unsworn
falsification to authorities. 1
DATED:
///Fflt
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ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case
at bar and itemize the assets on the following pages.
(X) 1. Real property
(Xl 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(Xl 5. Checking accounts, cash
(Xl 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life insurance policies (indicate face value, cash surrender value
and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
() 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Business (list all owners, including percentage of ownership, and
officer / director positions held by a party with company)
( ) 16. Employment termination benefits-severance pay,
worker's compensation claim/ award
() 17.
(X) 18.
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
(X) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
() 22. Military/VA benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held-
( ) 25. Household furnishings and personalty (include as a total category
and attach itemized list if distribution of such assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses
have a legal or equitable interest individually or with any other persona
as of the date this action was commenced:
Item Description Names of
Number of Property All Owners
1. Real Estate (sold to son - Joseph & Kathy
no profit) Brugger
2. 1999 Jeep Wrangler Joseph Brugger
5. Checking Account Joseph Brugger
6. Savings Account Joseph Brugger
18. IBEW Joseph Brugger
19. TIAA-CREF Joseph Brugger
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable
interest which is claimed to be excluded from marital property:
Item
Number
Description
of Property
Reason for
Exclusion
Item
Number
Item
Number
2.
PROPERTY TRANSFERRED
Description Date of
of Property Transfer
Description
of Property
1999 Jeep Wrangler
Consid-
eration
LIABILITIES
Names of
All Creditors
Citifinancial
Person
to Whom
Transfer
Names of
All Debtors
Joseph Brugger
CERTIFICATE OF SERVICE
I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true
and correct copy of the attached Inventory was sent by U.S. First Class
Mail, Postage prepaid, to the following persons:
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Dated:
,ltf/tJt
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Charles E. Petrie
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
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JOSEPH W. BRUGGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 0 I -5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
MOTION TO REOPEN CASE
NOW COMES the Plaintiff, JOSEPH W. BRUGGER, by and through
his attorney, Charles E. Petrie, and respectfully represents as follows:
I. That Plaintiff is JOSEPH W. BRUGGER, who currently resides
at 5070 Bass Lake Drive, T3, Harrisburg, Pennsylvania.
2. Plaintiff filed the above-referenced divorce action on October 3,
2001.
3. Neither Plaintiff nor undersigned counsel for Plaintiff received a
Notice that the above-referenced case was subject to purge or
termination.
4. Plaintiffs counsel filed a series of documents on January 18,
2006, after the case was terminated, and the documents were accepted
by the Office of the Prothonotary. Said documents were served on
counsel for the Defendant, Rebecca R. Hughes, Esquire, and Plaintiffs
counsel received no response from Attorney Hughes. No information was
provided by the Prothonotary regarding termination until April 7,2006,
when Plaintiffs counsel asked to see the file at the Prothonotary's Office.
5. Plaintiff expressed an intent to proceed with the divorce matter
by virtue of the filings on January 19, 2006.
WHEREFORE, Plaintiff respectfully requests that Your Honorable
Court enter an Order reopening the case.
Respectfully submitted,
C/~ Z~~
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
. , .....
JOSEPH W. BRUGGER,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing Motion to Repoen Case
to attorney for the Defendant, Rebecca R Hughes, Esquire, at her law
offices at 60 West Pomfret Street, Carlisle, Pennsylvania, on April 14,
2006, by U.S. First Class Mail, postage prepaid.
"IY'pr,/ /'t .1</1/1
DATE .
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CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
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JOSEPH W. BRUGGER
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KATHY D. BRUGGER
: NO. 2001 - 5744 CIVIL TERM
ORDER OF COURT
AND NOW, this 24TH day of APRIL, 2006, a Rule is issued upon Defendant to
Show Cause why this case should not be reopened.
Rule returnable twenty (20) days after service.
Edward E. Guido, J.
~Ies E. Petrie, Esquire
3528 Brisban Street
Harr~sburg, Pa. 17111
,/
~becca Hughes, Esquire
60 West Pomfret Street
Carlisle, Pa. 170 \3
./ ~ecca Hughes, Esquire
J 5 1'" ~Alexander Spring Road
Carlisle, Pa. 170\3
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JOSEPH W. BRUGGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-5744 CIVIL TERM
IN DIVORCE
KATHY D. BRUGGER,
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, KATHY D. BRUGGER, in the
above captioned case.
Respectfully submitted,
By:
Date:
.
.
JOSEPH W. BRUGGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-5744 CML TERM
IN DIVORCE
KATHY D. BRUGGER,
Defendant
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached
Praecipe for Entry of Appearance was served upon the following by depositing a true and correct
copy ofthe same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
Charles E. Petrie, Esq.
3528 Brisban Street
Harrisburg, P A 17111
IRWIN & McKNIGHT
By:
Date:
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JOSEPH W. BRUGGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2001-5744 CIVIL TERM
IN DIVORCE
KATHY D. BRUGGER,
Defendant
ACCEPTANCE OF SERVICE
I hereby acknowledge the acceptance of Rule to Reopen this Divorce Action on the 29th
day of April, 2006, on behalf of my client, Kathy D. Brugger.
Marcus A. , Esquire
60 West Po
Carlisle, P A
717-249-2353
Attorney 1.0.: 25476
July 18, 2006
By:
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JOSEPH W. BRUGGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V8.
: NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant
IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
NOW COMES the Plaintiff, JOSEPH W. BRUGGER, by and through
his attorney, Charles E. Petrie, and respectfully represents as follows:
1. Plaintiff filed a Motion to Reopen Case on April 19, 2006.
2. A Rule was entered by the Honorable Edward E. Guido on April
24, 2006.
3. Plaintiffs counsel served Defendant's counsel with a copy of the
Rule on April 28, 2006.
4. No formal response was filed by Defendant's counsel.
5. The undersigned counsel for the Plaintiff received a letter from
Defendant's counsel under date of July 18, 2006, asserting that
Defendant has "no objections to the case being reopened." A copy of this
letter is attached hereto.
WHEREFORE, Plaintiff respectfully requests that Your Honorable
Court enter an Order reopening the case so that the parties may proceed
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to a final divorce.
Respectfully submitted,
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CHARLES E. PETRIE
3528 BRISBAN STREET
HARRISBURG, PA 17111
(717) 561-1939
ATIORNEY FOR PLAINTIFF
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JOSEPH W. BRUGGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VB.
: NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing Motion upon counsel
for the Defendant, Marcus A. McKnight, III, Esquire, at his law offices at
60 West Pomfret Street, Carlisle, Pennsylvania, by U.S. Postal Service
First Class mail, postage prepaid, on August 1, 2006.
~ cd-.
CHARLES E. PETRIE
3528 BRISBAN STREET
HARRISBURG, PA 17111
(717) 561-1939
ATIORNEY FOR PLAINTIFF
.'
LAW OFFICES
IRWIN & McKNIGHT
ROGER B. IRWIN
MARCUS A. McKNIGHT. III
DOUGLAS G. MlUER
MAITHEW A. McKNIGHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
"
(717) 249-2353
FAX (717) 249-6354
WWW./MHLAW.COM
HAROWS.IRWIN (1925-1977)
HAROW S. IRWIN, JR. (1954-1986)
IRWIN, IRWIN & IRWIN (1956-1986)
IRWIN, IRWIN & McKNIGHT (1986-/994)
IRWIN, McKNIGHT & HUGHES (1994-2003)
IRWIN & McKNIGHT (2003. )
July 18, 2006
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
RE: Brugger v. Brugger
2001-57411
Dear Mr. Petrie:
This letter will confIrm that I have accepted service of the Rule to Reopen this divorce
case on behalf of my client, Kathy D. Brugger. She has no objections to the case being
reopened.
I have enclosed the Entry of my Appearance as well as the Acceptance of Service of the
Rule to Reopen this case.
Very truly yours,
Marcus
MAM:clc
Enclosure
cc: Ms. Kathy D. Brugger
JOSEPH W. BRUGGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-5744 CML TERM
IN DIVORCE
KATHY D. BRUGGER,
Defendant
ACCEPfANCE OF SERVICE
I hereby acknowledge the acceptance of Rule to Reopen this Divorce Action on the 29th
day of April, 2006, on behalf of my client, Kathy D. Brugger.
July 18, 2006
By:
Marcus A. McKni , ill, Esquire
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Attorney 1.0.: 25476
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JOSEPH W. BRUGGER,
Plaintiff
vs.
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RECEIVED AUG 022006 <t
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NUMBER: 01-5744 CIVIL TERM
KATHY D. BRUGGER,
Defendant : IN DIVORCE
AND NOW, this
1~
ORDER
day of August, 2006, upon consideration
of the within Motion, it is hereby Ordered that the Rule entered on April
24, 2006, is hereby made absolute, and the above case is hereby
reopened.
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EDWARD E. GUIDO, J.
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JOSEPH W. BRUGGER,
PlaintifTlRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-5744 CIVIL TERM
IN DIVORCE
KATHY D. BRUGGER,
DefendantJPetitioner
PETITION FOR ECONOMIC RELIEF
AND NOW, this 16th day of January 2007, comes the Defendant/Petitioner, Kathy D.
Brugger, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for
Economic Relief against the Plaintiff/Respondent, Joseph W. Brugger, as follows:
1.
The Petitioner is Kathy D. Brugger who is the Defendant in a divorce action filed at
2001-5744 in Cumberland County, Pennsylvania. Her address is 1408 Concord Road,
Mechanicsburg, P A 17050.
2.
The Respondent is Joseph w. Brugger who is the Plaintiff in this divorce action. His
address is 5070 Bass Lake Drive, Apartment 2303, Harrisburg, Pennsylvania.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets;
b. Alimony;
c. Costs and expenses; and
d. Counsel fees.
WHEREFORE, the Petitioner, Kathy D. Brugger, requests the relief set forth above.
Respectfully submitted,
IRWIN & McKNIGHT
Date: January 16, 2007
2
.
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
~~~~
KA BY RUGGER
Date: January 16, 2007
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JOSEPH W. BRUGGER,
Plaintiff/Respondent
VS.
KATHY D. BRU GGER,
DefenclantdPetitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2001-5744 CIVIL TERM
IN DIVORCE
Pacses# 148104978
ORDER OF COURT
AND NOW, this 11th day of December, 2002, based upon the Comb's determination that Petitioner's
monthly net income/earning capacity is $1,451.09 and Respondent's monthly net income/earning
capacity is $2,574.25, it is hereby Ordered that the Respondent pay to the Pennsylvania State
Collection and Disbursement Unit, $460.00 per month payable monthly as follows; $420.00 for
alimony pendente lite and $40.00 on arrears. First payment due ne~ pay date. Arrears set at Sas
of 2,520.00 as of December 11, 2002. The effective date of the order is July 8, 2002.
Failure to make each payment on time and in full will cause all arrears to become subject to immediate
collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after
hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period net to exceed six months.
Said money to be turned over by the PA SCDU to: Kathy D. Brugger. Payments must be made by
check or money order. All checks and money orders must be made payable to PA SCDU and mailed
to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 171(],6-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent
and 100% by petitioner. The petitioner is responsible to pay the first: $250.00 annually in
unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty
(30) days after the entry of this order, the Respondent shall submit written proof that medical
insurance coverage has been obtained or that application for coverage has been made. Proof of
coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any
applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims
should be made; 5) a description of any restrictions on usage, such as prior approval for hospital
admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage
contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms.
This Order shall become final ten days after the mailing of the notice; of the entry of the Order to the
parties unless either party files a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. J. Shadday
Mailed copies on
12-12-02 to: <
Petitioner
Respondent
Rebecca Hughes, Esquire
BY THE COURT,
Edward E. Guido
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Date of Order/Notice ~2/~z/02 ,~ ~,~/7~
Tribunal/Case Number (S~A~e~m
(~ Original Order/Notice
C) Amended Order/Notice
C) Terminate Order/Notice
Employer/Withholder's Federal EIN Number
PENN STATE UNIVERSITY
HBG CAPT CAMPUS PAYROLL
777 W HARRISBURG PIKE
MIDDLETOWN PA 17057-4846
RE:BRUGGER, JOSEPH W.
Employee/Obligor'sName(Last, First, MI)
197-40-6729
Employee/Obligor's Social Security Number
7054101062
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
a~ociated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associat~ with cases on attachment.
ORD£R INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 420. oo per month in current support
$ 40.00 per month in past-due support Arrears 12 weeks or greater? (~)yes C) no
$ o~00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 460. O0 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 106.15 per weekly pay period.
$ 212.31 per biweekly pay period (every two weeks).
$ 230. oo per semimonthly pay period (twice a month).
$ 46o. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten 1110) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor'$ Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:
Service Type M
BY THE COURT:~
Form EN-028
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
[] I,f. ~,hecke~ you. are requ.ired to pr.ov, idea ,copy of this form. to your e. mployee. If yog r employee.w, or,ks in a state ,that;is,
airrerent trom the state that issued this oroer, a copy must be provided to your employee even it the pox is not cnecKeo.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
emplOyee/obligor.
~,.,yu,,,~,u,~,= u, v.L,,,,~,,u,,,s ,~ L,,~ u,~,= ~,,, .,,,L,, ,~,,,uu,,, ..o~ .,,,,,,~,u ,,,,,,, .,~ ~,,,~,,uz<:~ ~ -.s~=. You must eom with the law ofthe
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withhOlding order and forward the support payments.
5.* Employee/Obli§or with Multiple SUpport Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must hon, or all Orders/Notices to the greatest extent
possible. (See #10 below)
6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 53.220000~,5
EMPLOYEE'S/OBLIGOR'S NAME: BRLTOGER~ JOSEPH 97.
EMPLOYEE'S CASE IDENTIFIER: ?05~101062 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10.* Withholding Limits: You may not withhold more than the lesser of.' 1 ) the amounts ;allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11. Additional Info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
,DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at [Z_1_Z)_24~6248 or
by internet www.childsupport.state.pa,us
Service TYpe
Page 2 of 2
OMB No.: 09700154
Form EN-028
WorkerlD $IATT
ADDENDUM
Summary of Cases on Attachmenl[
Defendant/Obligor: BRUGGER, JOSEPH W.
PACSES Case Number 148104978
Plaintiff Name /
KATHY D. BRUGGER
Docket Attachment Amount
01-5744 cIVIL $ 460.00
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Atta~:hment Amount
$ · o.oo
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the ernploYee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.00
Child(ren)'s Name(s): DOB
r-hf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
[] If checked,, you am required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor% employment.
Addendum
OMB No.: 0970-0154
Form EN-028
Service Type M Worker ID $IATT